Substantial Change In Circumstances

692 Florida cases classified under this topic, plus 139 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Batts v. Batts
  600 So. 2d 1301· Fla. 5th DCA· 1992-06-26 ·cited 4×
• Cason v. Cason
  592 So. 2d 1277· Fla. 5th DCA· 1992-02-14 ·cited 4×·via Changed Financial Circumstances
• Gurene v. Gurene
  575 So. 2d 291· Fla. 1st DCA· 1991-02-26 ·cited 4×
  The court held that the father's loss of income was a substantial change justifying child support modification, but the trial court erred in deferring an income deduction order without good cause.
• Allen v. Allen
  569 So. 2d 875· Fla. 2d DCA· 1990-11-09 ·cited 4×
  Kenneth Allen appeals an order modifying a child support obligation upward from $200 to $583 per month, arguing the ex-wife failed to demonstrate a substantial change in circumstances. The appellate court reversed, holding that the ex-wife did not meet her heightened burden of pr
• Gardner v. Rand Edelstein
  561 So. 2d 327· Fla. 1st DCA· 1990-04-16 ·cited 4×
  In this family law appeal, the court reversed the lower court's denial of Gardner's petition to modify alimony and also reversed an award of attorney's fees for lack of adequate findings. The court held that the alimony provision was rehabilitative in nature and that Gardner met
• Iannone v. Iannone
  542 So. 2d 487· Fla. 5th DCA· 1989-05-11 ·cited 4×
• Leckel v. Leckel
  502 So. 2d 82· Fla. 4th DCA· 1987-02-11 ·cited 4×
  This case addresses the validity of an out-of-court modification to a property settlement agreement and custody arrangement that was incorporated into a divorce judgment. The wife challenged the modification on grounds that she executed it under duress due to illness and financia
• McMURTRY v. McMURTRY
  496 So. 2d 893· Fla. 2d DCA· 1986-10-17 ·cited 4×
• Mastrilli v. Mastrilli
  478 So. 2d 377· Fla. 2d DCA· 1985-10-11 ·cited 4×
  The court held that the wife did not breach the Marital Settlement Agreement and the husband did not establish a substantial change in circumstances warranting modification of alimony.
• Hartley v. Hartley
  465 So. 2d 592· Fla. 2d DCA· 1985-03-15 ·cited 4×
  A Florida appellate court reversed a trial court's order increasing child support obligations under the Uniform Reciprocal Enforcement of Support Act (URESA), holding that a responding court lacks jurisdiction to upwardly adjust a foreign support order in a URESA enforcement proc
• Horan v. Horan
  464 So. 2d 224· Fla. 4th DCA· 1985-02-27 ·cited 4×
  The appellate court affirmed the denial of a motion to continue a contempt hearing but reversed the dismissal of a petition to set aside a property settlement agreement. The court found that the husband had presented a prima facie case of fraud regarding an oral promise made by t
• Ballah v. Poole
  453 So. 2d 924· Fla. 2d DCA· 1984-08-10 ·cited 4×·via Material Change In Circumstances
  The appellate court reversed a trial court's modification of a Michigan divorce and custody decree, finding that Florida's shared parental responsibility statute did not apply to the modification of a foreign decree.
• Callahan v. Cambron
  445 So. 2d 394· Fla. 5th DCA· 1984-02-16 ·cited 4×
• In re The Marriage of Eleanor W. Rose v. Rose
  426 So. 2d 975· Fla. 5th DCA· 1982-12-22 ·cited 4×
  In this family law appeal, the Fifth District Court of Appeal reviewed a trial court's modification of alimony and child support orders in a 1977 dissolution judgment. The court affirmed the finding of substantially changed circumstances and the increase in child support, but rev
• Dawna Michelle Berlin v. Berlin
  369 So. 2d 434· Fla. 3d DCA· 1979-04-10 ·cited 4×
  In a custody dispute following divorce, the Florida appellate court affirmed the trial court's January 1978 order changing custody from mother to father based on substantial changes in circumstances, but reversed the trial court's subsequent February 1978 order modifying that cus
• Collins v. Carey Edgar Newton, Sr.
  362 So. 2d 174· Fla. 2d DCA· 1978-09-15 ·cited 4×
  A Florida appellate court reversed a trial court's decision to modify custody from the mother to the father, holding that improved circumstances of the father and the child's approaching high school entry do not constitute sufficient grounds to modify an existing custody order ab
• Lazar v. Lazar
  317 So. 2d 854· Fla. 2d DCA· 1975-08-22 ·cited 4×
  A foreign decree established in Florida is enforceable under Florida law, and modification requires a substantial change in circumstances.
• Ramona v. Ramona
  244 So. 2d 547· Fla. 3d DCA· 1971-02-02 ·cited 4×
  A former husband appeals a post-divorce order modifying alimony and child support, challenging the sufficiency of evidence for the increase, the retroactive application of the new payments, and an award of attorney's fees to his ex-wife's counsel. The appellate court affirmed the
• Dorris O. Bagley v. Bagley
  182 So. 2d 621· Fla. 1st DCA· 1966-02-15 ·cited 4×·via Changed Financial Circumstances
  In this Florida divorce modification appeal, the court reversed a trial court's reduction of alimony from $200 to $100 per month, holding that the husband failed to demonstrate a material change in financial circumstances or income justifying modification of an agreement-based al
• Walden v. Walden
  114 So. 2d 815· Fla. 2d DCA· 1959-10-14 ·cited 4×
  In this appeal from a divorce decree modification, the Florida District Court of Appeal reversed the trial court's decision to relieve the defendant of arrearages for past alimony and child support based on a purported settlement agreement. The court held that the trial court imp
• Talarico v. Talarico
  305 So. 3d 601· Fla. 3d DCA· 2020-04-22 ·cited 3×·via Substantial And Material Change In Circumstances
  The appellate court reversed a lower court's order that significantly limited a mother's timesharing with her children. The court found that the lower tribunal relied on unrecorded, in-chambers interviews with the children and non-record evidence, without providing the mother an
• Kyle v. Carter
  290 So. 3d 640· Fla. 1st DCA· 2020-02-19 ·cited 3×·via Substantial And Material Change In Circumstances
  The appellate court reversed an order modifying child timesharing due to insufficient pleadings and lack of factual findings, but dismissed the appeal of a prior contempt order as untimely. The case highlights the procedural requirements for modification petitions and the necessi
• Davis v. Maloch
  287 So. 3d 689· Fla. 5th DCA· 2019-12-19 ·cited 3×
  Laura Davis appealed the trial court's decision to set aside a magistrate's report recommending an increase in alimony from $1,100 to $2,500 per month. The Fifth District Court of Appeal reversed, holding that the trial court improperly reweighed evidence and failed to follow pro
• Smith v. Caitlyn Smith
  273 So. 3d 1168· Fla. 1st DCA· 2019-06-07 ·cited 3×
  A father appeals an order requiring him to pay approximately $40,000 in retroactive child support and $3,000 in attorney's fees. The retroactive adjustment resulted from the father's failure to exercise the timesharing schedule that had justified a transportation cost credit in t
• Corinne O. Rector v. Rector
  264 So. 3d 282· Fla. 2d DCA· 2019-01-25 ·cited 3×
  The circuit court had jurisdiction to award attorney's fees under the marital settlement agreement's default provision, and the life insurance policy obligation was independent and unambiguous, not intended as security for the lump sum alimony payment.
• Carter v. Hart
  240 So. 3d 863· Fla. 5th DCA· 2018-03-16 ·cited 3×
  The court held that a simultaneous hearing on a motion for contempt and a motion for temporary alimony reduction is permissible, and that a party present at the contempt hearing with counsel receives adequate due process regarding potential incarceration.
• Haritos v. Theodora Haritos
  193 So. 3d 1050· Fla. 2d DCA· 2016-06-15 ·cited 3×
  The Florida Second District Court of Appeal reversed the trial court's denial of a former husband's petitions to modify child support and temporary support, holding that the 2013 final judgment of dissolution was only partial (dissolving marital status) and did not finally resolv
• Kelsey Cockrell v. Kinnett
  177 So. 3d 1041· Fla. 5th DCA· 2015-11-06 ·cited 3×
  The Florida Fifth District Court of Appeal reversed a trial court's modification of a child timesharing schedule that was ordered as part of a contempt ruling. The court held that the father failed to provide proper notice to the mother that a modification would be considered, as
• Murphy v. Murphy
  201 So. 3d 18· Fla. 3d DCA· 2013-11-06 ·cited 3×
  Nancy Murphy appeals a trial court order reducing her former husband's alimony obligation from $4,200 to $3,500 per month based on her involvement in a "supportive relationship" with her live-in boyfriend Mark Llerena under Florida Statute § 61.14(1)(b). The court affirmed, holdi
• Lampert-Sacher v. Sacher
  120 So. 3d 667· Fla. 1st DCA· 2013-09-12 ·cited 3×
  In this family law appeal, former wife Maxine Lampert-Sacher sought an emergency stay pending appeal of a supplemental final judgment modifying time-sharing arrangements for the parties' children. The appellate court denied the emergency motion, finding the appellant failed to de
• Scott v. Scott
  109 So. 3d 804· Fla. 5th DCA· 2012-11-16 ·cited 3×
  Former Husband appeals a trial court's reduction of permanent periodic alimony from $700 to $500 per month following his total disability from heart attacks. The appellate court affirms the finding of substantial change in circumstances but reverses and remands, finding the $500
• VAN Looven v. VAN Looven
  100 So. 3d 148· Fla. 1st DCA· 2012-10-12 ·cited 3×
  A party seeking to modify child support must allege a substantial, material, involuntary, and permanent change in circumstances, and the Overbey decision does not alter this requirement.
• Yelena N. Langdon v. Langdon
  96 So. 3d 1053· Fla. 1st DCA· 2012-08-29 ·cited 3×
  In a custody modification case, the Florida District Court of Appeal reversed the trial court's order that expanded the former husband's time-sharing with the parties' minor child, finding that the trial court lacked jurisdiction to modify the custody arrangement after granting t
• Knowles v. Lilliani Knowles
  79 So. 3d 870· Fla. 4th DCA· 2012-02-08 ·cited 3×
  The trial court erred by concluding that a prior agreed order modifying custody was superseded by an earlier final judgment, despite a clerical error in filing the agreed order.
• Buhler v. Buhler
  83 So. 3d 790· Fla. 5th DCA· 2011-12-02 ·cited 3×
  The court held that child support modification should be retroactive to the date the non-custodial parent first failed to regularly exercise court-ordered visitation, as mandated by statute.
• Sidman v. Marino
  46 So. 3d 1136· Fla. 1st DCA· 2010-10-29 ·cited 3×
  Florida appellate court reversed modification of visitation arrangement, holding that informal parental agreement to increase father's time-sharing does not constitute substantial change in circumstances required by statute.
• McGRATH v. Caron
  8 So. 3d 1253· Fla. 4th DCA· 2009-05-06 ·cited 3×
  The court held that a trial court cannot sua sponte reduce child support obligations in a contempt proceeding without proper notice and findings of a substantial change in circumstances. The court also held that the trial court erred by prohibiting the mother from filing future c
• Arthur v. Josette A. Arthur
  987 So. 2d 212· Fla. 2d DCA· 2008-07-25 ·cited 3×
  In a marital dissolution case, the Florida District Court of Appeal affirmed the trial court's authorization for the wife to relocate with the minor child to Michigan upon the child reaching age three, but reversed the requirement that the husband maintain $50,000 in life insuran
• Bell v. Hill
  976 So. 2d 1192· Fla. 2d DCA· 2008-03-26 ·cited 3×
  Ms. Bell appealed a postdissolution order modifying her visitation agreement with the father of their child. The appellate court reversed the visitation modification and remanded for reconsideration under the proper legal standard, finding the trial court failed to make necessary
• Marco v. Marco
  961 So. 2d 967· Fla. 4th DCA· 2007-04-25 ·cited 3×
  The appellate court affirmed a trial court's decision to modify child custody, awarding primary residential custody to the father. The court found that the mother's failure to provide adequate medical care and her frequent moves constituted a substantial change in circumstances w
• Small v. Darlanne Fluegel-Small
  943 So. 2d 897· Fla. 5th DCA· 2006-12-01 ·cited 3×
  The appellate court affirmed the trial court's non-final order temporarily granting sole parental responsibility and limiting visitation, finding no abuse of discretion.
• Ingrid Perdices v. Perdices
  800 So. 2d 289· Fla. 3d DCA· 2001-10-24 ·cited 3×
  A Florida appellate court reversed a custody modification order, holding that the trial court failed to apply the correct legal standard requiring proof of substantial change in circumstances and detriment to the child. The court reaffirmed that parental conflict alone does not j
• Osherow v. Shepard D. Osherow
  757 So. 2d 519· Fla. 4th DCA· 2000-03-22 ·cited 3×
  In this family law appeal, the trial court modified a joint custody arrangement to grant the former husband sole custody and parental responsibility based on evidence that the former wife was abusing prescription and illegal drugs, posing a prospective risk of harm to their minor
• State v. McGURL
  614 So. 2d 648· Fla. 2d DCA· 1993-02-24 ·cited 3×
  Florida appellate court affirmed a trial court's modification of child support below statutory guidelines where the father demonstrated substantial changed circumstances through reduced salary and increased living expenses.
• Clark v. Render
  530 So. 2d 437· Fla. 3d DCA· 1988-08-30 ·cited 3×
  Patricia Clark appealed the denial of her motion to modify a child-support order against Johnnie Render. The trial court refused to increase Render's weekly support payments from $30, finding insufficient substantial change in circumstances despite both parents' incomes rising si
• Funderburk v. Marci L. Ricenbaw F/ K/ a Marci L. Funderburk
  357 So. 3d 188· Fla. 2d DCA· 2023-01-06 ·cited 2×
  The appellate court reversed a trial court's decision that it lacked authority to modify child support obligations despite a marital settlement agreement's "absolute floor." The court held that trial courts retain jurisdiction to modify child support as equity requires, even if a
• Nishita K. Patel v. Jaimin B. Patel
  324 So. 3d 1001· Fla. 1st DCA· 2021-07-19 ·cited 2×·via Substantial And Material Change In Circumstances
  The appellate court reversed a trial court's order modifying a child time-sharing plan. The court found the modification was improper because the former husband did not demonstrate a substantial change in circumstances, did not initiate the proceedings with the correct legal plea
• Speigner v. Speigner
  312 So. 3d 1289· Fla. 1st DCA· 2021-03-24 ·cited 2×
  The appellate court reversed an award of durational alimony in a long-term marriage, finding the trial court failed to provide sufficient findings to justify deviating from the presumption of permanent alimony. The case was remanded for further proceedings to determine the approp
• Georgeanne Romeo v. Romeo
  Fla. 2d DCA· 2020-11-20 ·cited 2×·via Substantial And Material Change In Circumstances
  The appellate court reversed a supplemental final judgment modifying child support and a parenting plan because the lower court failed to make a required finding of a substantial, material, and unanticipated change in circumstances. This failure is critical for modification proce
• Bell v. Bell
  295 So. 3d 336· Fla. 1st DCA· 2020-04-23 ·cited 2×
  The appellate court reversed a trial court's modification of a timesharing schedule, finding that the father's improved mental health alone did not constitute a substantial change in circumstances required for modification. The court also reversed the denial of the mother's motio